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Las Vegas Car
Accident Lawyers

The most common accidents are motor vehicle accidents, or MVAs—and by a large margin. In fact, more people die each year in MVAs than in all of the U.S. wars in the past 100 years. And car accidents outnumber all other motor vehicle accidents by far.

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Car accidents occur more frequently in Las Vegas than in other jurisdictions in Nevada, with nearly 20,000 accidents producing injuries in the Las Vegas area.

If you were one of those unlucky 20,000, call or email our Las Vegas car accident attorneys today. You will need a Las Vegas car accident attorney after a car hits you. Who was at fault? Were there witnesses? How many persons were injured, and how much coverage is available for all the victims. Can you prove the other driver was negligent? Proving a driver was negligent often involves more than a police report. The officer performs an investigation, but does not determine fault—ultimately, a judge or jury does. Occasionally, police cite the wrong party.

The Law Offices of Benson & Bingham Accident Injury Lawyers, LLC, can help you answer these questions and understand the liability aspects of your case. We will check every avenue of revenue to protect your rights and help you recover from a Las Vegas car accident.

Why Las Vegas Has so Many Motor Vehicle Accidents

With its combination of alcohol and driving, Las Vegas tops the charts for accidents. With more than 8,000 DUI arrests every year, Clark County has its share of fender benders, vehicle crashes, and fatalities. In addition, Las Vegas has gridlocked streets with stoplights every mile, and drivers heavily use cell phones in automobiles. Consequently, this equates to too much negligent driving and reckless car crashes.

The Nevada Strategic Highway Safety Plan (SHSP) reports that between 2012 and 2016, 396 people lost their lives and 682 were seriously injured in impaired driving crashes on Nevada roadways. In any given year, as many as 200 persons die in motor vehicle accidents in the Las Vegas area.

Here are some of the auto accidents our Las Vegas car accident lawyers excel at handling:

DUI accidents continue to haunt Nevada residents and tourists traveling our cities’ roadways. Alcohol is a 24-hour hobby in Nevada, and the risk of driving here is that much greater given all the consumption. Almost one-third of all traffic deaths in Nevada involve a blood alcohol content (BAC) of 0.08 or more, the legal limit for driving under the influence (DUI).

Stiffer punishments do not deter criminal conduct, and every year more people die because people get behind the wheel while intoxicated; others are permanently injured.

Driving under the influence of drugs or alcohol slows a driver’s reaction time, impairs his vision, and leads to dangerous decision making. In many cases, the drunk driver aggressively operates his or her vehicle. Unfortunately, alcohol promotes reckless behavior.

Often the victim suffers significant injuries while the drunk driver exits the vehicle with only minor bumps and bruises. This phenomenon is the result of the intoxicated party staying looser or relaxed before impact. When the victim perceives the approaching impact, they brace themselves; in doing so, the victim’s limbs are forcefully extended and upon impact, muscles, tendons, and ligaments rip and tear rather than flex and extend.

Criminal penalties await anyone who causes an accident because of drug or alcohol impairment. Those drivers (and their insurance carriers) also face civil liability for damages caused by their dangerous, illegal behavior.

If you were the victim of an accident caused by a drunk driver, retain an aggressive attorney that will fight for your rights in getting the compensation you deserve. Benson & Bingham Accident Injury Lawyers, LLC will use the facts of the DUI to push the insurance companies to the limit in resolving your case.

If the injuries resulted from a DUI accident are severe, the attorneys at Benson & Bingham Accident Injury Lawyers, LLC, may decide to file a lawsuit immediately rather than try to resolve the case pre-litigation. The advantages of doing this are case-specific. Should your injuries or the injuries of a loved one result from a DUI accident, please take a moment to fill out a summary of the events on our website or contact us by phone and an experienced attorney will call you back.

Drunk driving deserves extra attention here, because it accounts for a large portion of the fatalities on Las Vegas highways—something we’ve seen firsthand, since many of our clients have suffered from hazardous and even fatal accidents at the hand of drunk drivers. Often, the drunk driver will leave the scene, trying to disappear and avoid responsibility—and making a car accident lawyer more necessary for the successful recovery of compensation.

Las Vegas Car Accident Lawyer

In addition to people traveling in private vehicles, local police, the Nevada Highway Patrol, and pedestrians can become the victims of drunk driving accidents.

Drunk drivers often do not maintain the best insurance coverage, if at all. Consequently, many victims incorrectly feel there is no way to seek recourse.

Accidents with cars are can leave pedestrians disabled. Every year the statistics get worse. Las Vegas has one of the highest incidents of pedestrian accidents due to the large volume of walking traffic on the sidewalks and crosswalks of our roads.

A T-bone collision is sometimes referred to as a broadside. It happens when the front end of one vehicle hits the side of another vehicle, roughly forming the shape of the letter T.

T-bones most often happen at intersections when one driver fails to obey a stop sign or signal. T-bones account for a significant proportion of fatal and severe injury accidents at intersections every year.

Side impact car accidents often result in traumatic injuries. A party who runs a stop sign or stoplight usually causes side impacts; thus, no braking or vehicle slowing occurs. The energy from the speeds of both cars is transferred to the occupants. The dramatic reduction in force when a vehicle is caused to decelerate in an instant causes body parts to mechanically move in an opposite and immediate direction causing tearing, ripping, and jolting of muscle tissues and ligaments. Resulting spinal and/or neck injuries are very prominent, as well as major bone injuries like fractured ribs, broken pelvis, lumbar spine injuries, fractured legs and arms, and serious head trauma.

Side impact car accidents often seal doors on the impacted vehicle such that extraction tools are necessary to free the passengers. Modern-day side-impact airbags attempt to cushion the blows from side impacts, but the forces are often so great that airbags will not completely absorb the deceleration forces on the body. The impact areas of the struck vehicles can tell investigators who may have entered the intersection first, and skid marks can also help determine speeds. Vehicle recording devices also help investigators determine exact speeds at the time of impact.

Side impact accidents often produce consistent injuries—left-sided impacts naturally result in left-sided trauma and vice-versa. Often the force of the impact causes the body to move in the opposite direction. Thus, a right-side impact will cause the body to, at first, go right, with body extremities going the opposite direction given the forward momentum they had before and during the impact. The twisting and turning of the body joints cause major core injuries around the muscular-skeletal system.

T-bone accidents typically involve two vehicles or more that are traveling at moderate to fast speeds, and the injuries can kill people. No reaction by either driver is completed given the emergent crash. Thus, we refer to these accidents as the unexpected crash scenarios.

In various driving scenarios, vehicles are required by law to yield the right of way to other vehicles, as well as motorcycles, pedestrians, and bicyclists. Nearly 18 percent of accident deaths occur because of an angled impact, often resulting from a failure to yield, according to the Insurance Information Institute (III).

Failure to yield car accidents are typical in Nevada because Las Vegas and Reno use green permissive lights requiring drivers to yield to oncoming traffic. Drivers often confuse the green circle with the green arrow thinking green means go. Drivers also will attempt to make a green circle turn thinking they can beat oncoming traffic who might also have a green light. Misjudging speed is a critical mistake and creates a liability mess if independent witnesses were not there to eyeball the accident. Similar to T-bone style accidents, vehicles often travel at excessive speeds when drivers fail to yield the right-of-way, causing severe injuries and death.

For example, Benson & Bingham Accident Injury Lawyers, LLC helped a young woman recover for injuries she sustained as a result of a motor vehicle accident involving her private use vehicle and an International tractor-trailer. The plaintiff, a single mother, was seriously injured because the Defendant driver failed to yield the right of way at an intersection. Her life was turned upside down when the Defendant driver pulled into plaintiff’s lane, thereby causing the plaintiff’s vehicle to become trapped under the tractor-trailer. When a Defendant fails to obey Nevada’s Right-of-Way laws, and they are cited for their failure to do so, they become Negligent Per Se. This means that they are deemed negligent as a matter of law. Further, as was the case for this particular plaintiff, the Defendant driver’s employer may also be held liable if the driver was acting in the course and scope of his employment.

Nevada Right-of-Way Laws:  The below rules of the road concerning right-of-way laws in the State of Nevada can be found at the aforementioned link.

  • NRS § 484B.250: “Vehicle Approaching or Entering Intersection”
  • NRS § 484B.253: “Vehicles Turning Left.”
  • NRS § 484B.257: “Vehicles Entering Intersection Marked Stop or Yield.”
  • NRS § 484B.260: “Vehicle entering highway from private way.”
  • NRS § 484B.263: “Vehicle entering or exiting controlled-access highway: Duty to yield right of way.”
  • NRS § 484B.267: “Operation of vehicle approach of authorized emergency vehicle or official vehicle of regulatory agency.”
  • NRS § 484B.270: “Vehicles, bicycles, electric bicycles and pedestrians: Driver’s duty of due care; additional penalty if driver is proximate cause of collision with person riding bicycle.”

Rear end car accidents are some of the most common accidents in Nevada—and the number one contributor to these accidents is speed. Rear-end collisions are almost always caused by the rear driver going too fast for traffic conditions or following too closely to the car ahead of them, leaving themselves insufficient time and/or space to stop. If one car is often totally stopped, the impacts can kill people if the speeds are high enough.

Distracted driving is also a major cause of rear end accidents as texting, cell phone use, and other attention grabbing issues distract the driver from being careful. Intersections and freeways are major rear-end accident areas as well.

Experienced car accident attorneys who are used to handling such impacts are aware of the needs of rear end victims as the injuries tend to involve the neck and lower back. Seat belt systems keep passengers from dying and significantly reduce many injuries, but tether the body to the seat without absorbing much energy. This pressure from stopping causes lumbar disc disruption and major strain on the tendons, muscles, and ligaments that protect the spinal column. Whiplash of the cervical region is also a common injury that can require months of rehabilitation and treatment. Often the injuries are severe and permanent.

Particularly dangerous are motor vehicle rear end accidents that take place on Nevada’s freeways (I-95, I-15, I-215, I-80, U.S. 395). Traffic will often bottleneck, thereby causing vehicles to abruptly stop. Those operating commercial vehicles such as semi tractor-trailers, diesels, 18-wheelers, big rigs or other heavy equipment need to leave adequate space between themselves and vehicles traveling in front of them. Accidents involving heavy commercial vehicles often result in horrific injury. To prevent rear end collisions the Nevada Department of Motor Vehicles recommends a traveling distance of at least two seconds from the vehicle in front of you. Using this two-second rule would significantly reduce tailgating and rear-end automobile accidents.

Multi-car accidents are typically rear end style accidents where car one hits car two, and car two hits car three, and so on. Unsafe lane changes, whereby a vehicle makes contact with the front or rear of a victim’s vehicle is also common. In unsafe lane change accidents, the victim’s car often spins out of control, often striking other vehicles or even crossing pedestrians. The laws of physics usually dictate that most damage occurs to the first car, and as energy is absorbed, the other cars to a lesser degree, also take damage.

Depending on the distance between the vehicles energy transfer can occur or be absorbed by any one car in the chain of events. These types of accidents stress the need for under-insurance coverage given that there are multiple parties with a likelihood of minimal insurance coverage; thus, the quandary of little coverage and major damages. The law does not discriminate in who gets the lion’s share of the coverage in a multi-car accident. Often these victims share the policy proceeds by way of an equal apportionment or more often, a pro-rata share.

When bodily injury and property damages expenses far exceed the policy limits of the at-fault party, the courts will decide how to split the monies if all parties can’t agree on a fair share. This can get complicated when one of the parties is not represented by counsel, as they may not understand the process causing unnecessary delay and typically costs more as it forces some of the parties to file unnecessary lawsuits.

Distracted driving has several components, but talking or texting on an electronic device is likely the most common. It is illegal in Nevada to text, use a hand-held cell phone, or even to access the internet while you’re at the wheel. Drivers who text while they drive may feel they are only distracted for a split second, but in fact they can cover the length of a football field in five seconds if they are going 55 miles per hour—more than enough space to have an accident.

More broadly, distracted driving can include taking your eyes or focus off the road and driving, including reaching for maps, CDs, or gazing around. Although many states have banned texting and talking while driving, and public attention has been focused on the dangers of distracted driving for more than a decade, it still claims 9 lives and injures 1,000 people in accidents each day nationwide, according to the U.S. Centers for Disease Control and Prevention.

A head-on collision is just what it sounds like: the front of one car hits the other directly in the front. Multiple factors can cause head-on collisions, including weather, failure to check before turning or passing, falling asleep at the wheel, and speeding. So are drunk driving and distracted driving. Driving the wrong way or on the wrong side of the road is responsible for 2.3 percent of all traffic deaths.

Head on collision car accidents can result in severe consequences. The inertia of energy created by head on collisions is devastating and often results in death, occupant ejection, and/or catastrophic injuries. Head on collisions are common on two-way roadways where separation of lanes is minimal and lane crossing is easy to occur.

Freeway head-to-head collisions usually involve speeds up to 80 miles per hour in both directions causing a Delta V (or change in direction) of massive energy. Thus the impact energy is equal to 160 miles per hour of force. Occupants in such car accidents are fortunate to survive. Frontal airbags may avoid facial injuries, but the sudden deceleration is so severe that internal organs including the brain and spinal column often do not stay intact. Brain shearing injuries, spinal cord disruption, and major organ bleeding can occur.

In a sideswipe, one car passes the other without sufficient space between them, and the cars scrape or bump each other on the side. It can also happen if a car is merging or changing lanes and doesn’t notice that another car is already in the lane or misjudges the speed at which the other car is approaching. Sideswipes can lead to serious accidents if either car is knocked or jarred into another lane or off the road.

Sideswipe car accidents also occur when a driver may overreact or actually take action to avoid a full-blown T-bone accident.

The severe jerking mechanism of the unexpected impacts can damage shoulders and necks.

Insurance companies often balk at injuries sustained in sideswipe accidents and can argue that the impact forces are not as severe as, say, a T-bone or intersection collision.

Car accident attorneys must understand the physics of the accident to understand what arguments the opposing side will make. The personal injury lawyers of Benson & Bingham Accident Injury Lawyers, LLC understand the vehicle dynamics of sideswipe car accidents and have handled thousands of vehicle accident cases. Our team investigates, researches, and analyzes the impact to causally link the accident to our clients’ injuries.

A total of 331 fatal car crashes took place in Nevada in one recent year—roughly 27 per month. Almost any driver behavior can, unfortunately, cause a fatal crash. The single most common cause of a deadly crash, according to III, is speeding.

Fatal car accident attorneys are a special, seasoned breed of lawyers who know the applicable Nevada laws and understand how to establish an estate. Natural living heirs are the plaintiffs in a wrongful death action along with the administrator of the estate. The estate is only entitled to punitive damages, medical expenses, and funeral expenses.

Our law firm can represent the estate and the individual heirs in a wrongful death lawsuit. Sometimes it may not be prudent to open an estate if medical expenses were limited and reckless or intentional conduct was not involved (and thus punitive damages may not be available). Opening an estate is a very good idea if the medical expenses accumulated before the death of the decedent were high.

A fender bender is one of several accident types that are exactly what they sound like. It refers to a relatively minor accident in which the fenders of both vehicles sustain damage, but are not smashed or torn off. In other words, the term conveys minor damage and a manageable accident. It doesn’t always refer to fenders, either—the term has entered the language as a synonym for any minor accident. Fender benders still can cause economic damage and physical injuries such as whiplash or bruises.

Fender bender car accidents may cause whiplash injuries and vehicle damage under the bumper. Car accident mechanics and insurance estimators may pull off the bumpers of those cars to check the integrity of the bumper cushion and inspect for frame damage even if the vehicle skin appears to have only suffered minor damage. Car insurance claims representatives may offer fair settlements on damages that exceed $1,000 on a bumper or other property damage. This threshold is a line in the sand that may direct the claim to a low impact review and low initial personal injury monetary offer.

The local police agency, LVMPD, or other department may or may not investigate private property car accidents, given that local or state statutes may not cover them. Private property accidents are still covered under common law or Nevada case law for negligence. Excessive speed in parking lots is a common cause of accidents as parties often are in a hurry or may think the travel lane is not speed restricted given the lack of speed limit signs. Failure to yield to oncoming traffic or failing to recognize a vehicle who may be reversing out in a cautious manner cause injury accidents. If the police have not been summoned or refuse to entertain the accident, it is a prudent idea to file your own police report with the local police station. It is also imperative to get the license plate number and exchange personal information including insurance information.

Aggressive driving is one of the leading causes of automobile accidents resulting in neck and back injuries. In fact, aggressive driving contributes to almost 50 percent of all car accidents on the roadway. Per the National Highway Transportation Safety Administration, “Aggressive driving is when an individual commits a combination of moving traffic offenses that endangers other persons or property.”

There are many forms of aggressive driving which include:

  • Speeding
  • Driving too fast for conditions
  • Tailgating or following too close
  • Successive or rapid lane changing maneuvers
  • Failure to yield to the right-of-way
  • Lane blocking
  • Passing or traveling in the emergency lane or shoulder
  • Racing
  • Ignoring or disregarding traffic signals
  • Failure to obey the laws governing safety zones or school zones
  • Driving outside lanes or on the wrong side of the road

Aggressive driving is similar to reckless driving. The primary difference is that aggressive driving involves a pattern of behaviors and may intend to intimidate, harass, or obstruct other drivers. Drivers who feel and give into road rage, for example, may zoom in and out of lanes to vent to frustration about slow traffic.

Placing aside definitions, we all know aggressive driving when we see it first hand—when a driver appears impatient or anxious and takes risks that we immediately recognize as dangerous and have the potential to cause an accident. Many reported cases of aggressive driving result from an individual’s financial, emotional, and/or personal relationship issues.

There is an important distinction between aggressive driving and road rage. Road rage an intentional act wherein the driver uses a vehicle as a weapon or perhaps chases another vehicle. Road rage is an intentional criminal act. Due to the intentional nature of the driver’s conduct, insurance companies will not cover road rage. Insurance coverage is designed and contracted to cover negligent acts, such as aggressive driving, which lack the actual intent to use a vehicle as a weapon.

Irrespective, where does that leave an injured victim who was in the path of an aggressive driver? Aggressive driving usually leads to aggressive injuries including spinal displacement injuries such as a disc bulge or protrusion, neck and back sprain or strain injuries, head or traumatic brain injuries and or death. At Benson & Bingham Accident Injury Lawyers, LLC, we can assist you in putting the insurance companies on notice in opening a claim with the aggressive driver’s insurance carrier. Do not let them mitigate or downplay their aggressive driving. Aggressive drivers often attempt to deny or dispute what actually caused the accident after leaving the accident scene.

We work closely with investigators and when necessary we deploy investigators and engineers to the scene of an accident to survey the area and roadway, gather critical physical evidence such as skid marks, debris and roadway indentions as well as gathering witness information and eyewitness statements. The fact-gathering process is critical in preserving the evidence in your case. Our firm has successfully handled tens of thousands of car accident claims. Let our team of compassionate and experienced lawyers walk you through securing the evidence in your claim and protect your rights under Nevada law.

Injured in an Auto Accident? Here’s What to Do.

Nevada Personal Injury Attorney
Joseph L. Benson II, and Ben J. Bingham, Nevada Personal Injury Attorneys

First, make medical care your foremost priority. Your health is a vital concern, and you will need the best prompt medical care possible for two reasons:

  • To treat injuries. Common injuries include sprained necks, airbag burns, headaches, and overall soreness. These issues may go away with time, but a healthcare professional should address them. More serious injuries include broken bones, head contusions, herniated discs, broken ribs, and internal organ injuries. Clients often do not know they have these injuries at first due to the adrenaline the body produces after a traumatic event, and if you refuse emergency medical care at the scene, they could result in serious long-term complications or even death. The hospital may take X-rays, MRIs, or CAT scans to detect these hard-to-find injuries.
  • To create documentation for your legal case. There is no record of your injuries without a physician documenting all of them, so have a medical professional diagnose and treat the injuries immediately after your accident. Clients who wait to see a doctor can harm their car accident claims. The reasons for avoiding care are usually the lack of health insurance coverage and concern about paying the hospital bills. However, Benson & Bingham Accident Injury Lawyers, LLC can arrange medical care with no out-of-pocket costs.

Contact our law firm to help you deal with the basics of the accident:

  • Retrieval of your car from storage/tow truck yard
  • Vehicle repair estimates
  • Recorded statements with insurance companies
  • Providing notice to insurers of potential claims
  • Obtaining a rental car
  • Arranging the best specialized medical care

If an ambulance took you to the emergency room for treatment there, you likely did not receive a copy of the police report. Don’t worry—we can obtain that for you, based on the date and cross streets of the accident.

When a Client Has More Than One Accident

If you suffered another accident within a very close time frame, legal complications can arise—but the car accident attorneys at Benson & Bingham Accident Injury Lawyers, LLC know how to deal with that. In Nevada, the Klietz v. Raskin case, controls. Here, the law states that when an accident victim has more than one accident in close proximity, if the damages are indistinguishable, then the burden shifts from the plaintiff to the defendants to figure out the damages.

For example, if a tractor-trailer causes you to sustain a cervical injury on May 1, and then on May 10, another truck accident aggravates the same cervical injury, then the two defendants must figure out who is responsible for your neck injury. Contact Benson & Bingham Accident Injury Lawyers, LLC, today if you were in multiple accidents.

Insurance in Nevada

Nevada Law dictates that a driver must maintain minimum liability insurance coverage of $25,000 for bodily injury or death and $50,000 for two or more persons in the vehicle. This hardly provides coverage for medical bills, loss of wages, and pain and suffering.

Uninsured/Underinsurance coverage is not required, nor are all medical payments covered in an accident. Golf carts and other recreational activities are normally not covered by automobile insurance policies.

Contact Benson & Bingham Accident Injury Lawyers, LLC, today for a free insurance evaluation to make sure you are protected before you talk to your insurance agent.

Commercial versus Private Party Policies

What is the difference between a motor vehicle accident with a commercial vehicle and one with another private party vehicle? In Nevada, the amount an injured party may recover is financially significant.

This does not necessarily mean that an injured party will collect more when they are in an accident with a commercial vehicle such as a semi-truck or tractor-trailer, unless the medically diagnosed injuries sustained by the claimant support the value of the claim. In other words, to collect a significant value from a commercial motor vehicle accident, the injured party must have significant medical findings to support such an award.

We describe the difference between minimum coverages on commercially and privately owned vehicles below:

Private Party Auto Insurance Coverage

Nevada requires private parties to carry insurance minimums of $25,000/$50,000. In the event of an accident, one injured party may collect as much as $25,000 for bodily injury and/or death. If two or more people are injured in the vehicle, they may collect as much as $50,000 for bodily injury or death, with not one party collecting more than $25,000. (See NRS 485.185.)

Commercial Auto Insurance Coverage:

A business or corporation with multiple vehicles or multiple employees who will operate company vehicles must obtain a commercial or business auto policy. Nevada requires such businesses to carry a minimum auto policy of $1 million, which covers bodily injury and death. This includes all commercial carriers and businesses that operate semi trucks, buses, work trucks, vans, and shuttles.

Furthermore, most businesses with multiple vehicles or a fleet will carry a few million extra in coverage under an additional excess insurance policy.

However, many commercially owned and operated vehicles DO NOT have, nor are they required to have, any designations indicating that they are in fact commercial vehicles.

A vehicle ownership investigation, which we perform in every case, will reveal the underlying policy that covers an injured accident victim. When opening a claim after an accident, counsel needs to identify the policy type and limits that can cover an injured victim. Knowing the at-fault party’s coverage helps to ensure that our clients recover all of the compensation they can for their injuries.

How Is Your Car Handled After It Is Damaged in an Accident?

Here at Benson & Bingham Accident Injury Lawyers, LLC, we strive to assist with all aspects of our clients’ claims arising out of a car accident. We would like to share some of what we do to ensure that you know what to expect in the event your car was damaged in an accident.

The handling of the damaged car is commonly known in the legal world as a property damage claim. The at-fault driver’s automobile insurance company generally handles that claim, once it has accepted responsibility for the accident. In other words, the at-fault driver’s insurance company will pay for the damage done to your vehicle. You may also have the option of having your insurance company handle the claim, but you have to maintain certain coverage to entertain that option.

Before that happens, an appraiser from an insurance company must record the extent of your car’s damage in an estimate. This helps the insurance company determine whether the vehicle is repairable or a total loss.

If your car is deemed repairable, you can take your payment from the insurance company and choose the mechanic and body shop to fix it.

If the insurance company deems your vehicle totaled, it is not obligated to repair the car. Instead, the insurance company will pay you fair market value, after you decide whether you want to keep the car or to surrender it to the insurance company. Under Nevada law, total loss means that the cost of the estimated repair exceeds 65 percent or more of the fair market value of the vehicle at the time it was damaged. As an option, you may choose to keep your totaled vehicle and obtain a salvage title along with a reduced payment.

Whether or not your vehicle is deemed repairable, in most instances, you are entitled to a rental car—but certain guidelines govern the type of car and the length of time you may have it.

Your property damage claim will close once you repair your vehicle or receive fair market value for it. Of course, you may face additional issues during the process. However, if those issues arise, Benson & Bingham Accident Injury Lawyers, LLC will walk with you every step of the way to guide you and bring your claim to an expeditious and proper resolution (see also: Property Damage and Auto Accidents).

Las Vegas Car Accident FAQ

Do you have serious questions following a car accident? We have answers! Take a look at these frequently asked questions.

1. If I have car insurance, do I need a lawyer after a car accident?

After a simple car accident involving only property damage, you may not need an attorney to help you pursue the compensation you deserve. On the other hand, if you suffer serious injuries, including: Brain injury,  traumatic brain injury, or spinal cord damage, you may need an attorney to help you seek the compensation you deserve.

2. How much compensation should I receive after a car accident?

After a car accident, the compensation you receive will vary depending on your injuries and the coverage carried by the person responsible for the accident. However, most people claim:

  • Medical expenses
  • Pain and suffering
  • Lost wages
  • Lost earning potential

3. What happens if I contributed to my accident?

Check the police report and discuss the claim with your lawyer. Nevada law distinguishes between minors and adults. Parents are liable for the acts of their children up to $10,000 in certain circumstances.

4. What injuries commonly occur from car accidents?

You may suffer many different injuries from your car accident, from scrapes and bruises to spinal cord damage. Common injuries include:

  • Traumatic brain injury
  • Spinal cord damage
  • Amputations
  • Burns
  • Broken bones
  • Organ damage
  • Soft tissue damage

5. How much will it cost to hire an attorney to represent me after a car accident?

After a car accident, you may worry that you do not have the money to hire a lawyer to represent you. Fortunately, you have options. At Benson & Bingham Accident Injury Lawyers, LLC, we make it easy for you to afford the attorney you need after an accident with serious injuries. We start with a free consultation, which gives both us and you a better idea of what you might face as a result of your injuries. We take clients on a contingency fee basis—rather than requiring payment upfront, we take our payment from the compensation you recover after your accident.

6. What happens if I do not see a doctor after my car accident?

At the scene of the accident, you might feel fine or think that you can just walk off your injuries. No legal mandate requires you to seek medical attention following a car accident. However, if you fail to see a doctor immediately after the accident, you may have more trouble proving later that your injuries came from the accident. The decision to avoid medical care may, as a result, limit the compensation you can claim.

Failure to seek medical care may also result in increased pain and suffering since you will not receive treatment for your injuries right away. In some cases, your failure to seek treatment could worsen your injuries, leaving you with permanent medical complications. Some conditions, including traumatic brain injury and spinal cord damage, may not show up immediately. Other accident victims find that they do not recognize serious symptoms at the scene of the accident due to the presence of adrenaline.

7. Should I take the insurance company’s first offer when they contact me?

Sometimes, the responsible driver’s insurance company will contact you immediately after the accident to issue a settlement offer. The company may offer to send you a check immediately if you will sign the paperwork absolving it of further responsibility.

Unfortunately, these settlement offers often fail to reflect the full compensation you deserve from your injuries. You may discover, as you progress through your recovery, that your injuries cost more than you originally thought. While accepting that check can get funds in your hands fast, you may miss out on the full compensation you deserve. Always consult with an attorney before taking that offer.

8. When can I return to work after my car accident? Will returning to work impact the compensation I receive?

In general, you should follow your doctor’s recommendations about when you can return to work and how your injuries should impact your daily work responsibilities. If your doctor advises you not to return to work, you may need to stay at home and focus on your recovery. When you miss work due to your injuries, you can claim compensation for that lost time. Returning to work according to your doctor’s instructions, however, should not impact the compensation you can receive for your injuries.

9. How soon should I file a claim if I suffer serious injuries in a car accident?

In general, Nevada law allows two years after your accident to file a claim for your injuries. While some exceptions can allow you to file your claim later, you should try to avoid waiting to file a claim. Ideally, you want to file your claim as soon after your accident as possible. Immediately after your accident, your attorney can better find evidence pertaining to the accident, including any video surveillance from the scene of the accident. Witness statements may also remain clearer immediately after the accident; even your memory may fade significantly if you wait a long time to file your accident claim. Most victims of car accidents find the best results when they contact an attorney as soon as possible after the accident.

10. Will I have to go to court over my car accident claim?

An attorney cannot determine ahead of time if you will need to go to court over your car accident claim. Some insurance companies offer reasonable compensation for injured victims. Other insurance companies, however, may show less generosity. At Benson & Bingham Accident Injury Lawyers, LLC, we prioritize getting our clients the compensation they deserve. If we can settle out of court, we try to do so. If we cannot, we will go to court to fight for the compensation our clients deserve.

Benson & Bingham Personal Injury Lawyers Las Vegas

Did a Car Accident Injure You? Call Our Las Vegas Car Accident Attorneys Today

Let Benson & Bingham Accident Injury Lawyers, LLC, start your claim off on the right path by listening to you, calculating your damage, and identifying all of the available insurance relating to your accident. We are here to help. Just give us a call at (702) 382-9797, or send us an email through our online contact form.

Client Testimonials

“Never being in a car accident before I wasn’t sure about the best way to go about things. Being referred to Benson & Bingham Accident Injury Lawyers, LLC made this process ease and flow. Phillip was so helpful with making sure I had a full understanding with every step and communicating consistently with me on things. I am so happy with the service I obtained with my case. You guys are the best!!!”

Rating: 5/5 ⭐⭐⭐⭐⭐
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Hear this testimonial from retired USAF Airman Phillip Sisneros about how Benson & Bingham Accident Injury Lawyers, LLC helped him through his horrific car accident

A second testimonial from Ty Pierce about his experience with Benson & Bingham Accident Injury Lawyers, LLC


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